Grey Matter Ltd -v- Grey Matter Advanced Marketing Ltd [2003] DRS 864 (4 April 2003)

Grey Matter Ltd -v- Grey Matter Advanced Marketing Ltd [2003] DRS 864 (4 April 2003)

The complainant established rights in the name 'Grey Matter Ltd' identical to the domain name, but failed to provide sufficient evidence that the domain name was an abusive registration under the policy. The onus was on the complainant to prove abuse, which was not met on the balance of probabilities.

Source-derived case information.

Citation
[2003] DRS 864
Parties
Complainant: Grey Matter Limited; Respondent: Grey Matter Advanced Marketing Limited
Jurisdiction
United Kingdom
Judgment Date
04 April 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint dismissed
Legal Topics
Domain Names, Trademark Rights, Abusive Registration
Intellectual Property Information Technology Domain Names Trademark Rights Abusive Registration

Source-derived case record

Summary, issues, holding and outcome

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Parties

Grey Matter Limited

Complainant

Grey Matter Advanced Marketing Limited

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant established rights in the name 'Grey Matter Ltd' identical to the domain name, but failed to provide sufficient evidence that the domain name was an abusive registration under the policy. The onus was on the complainant to prove abuse, which was not met on the balance of probabilities.

Court Disposition

Complaint dismissed

Orders

  • No action to be taken